The National Frequency Management Council (NFMC) has ruled that “any radio frequency-based equipment that is to be installed by any individual, private company, government or non-governmental organisation (NGO) for the purpose of management of the radio frequency spectrum, in whatever guise, must be cleared by the NFMC.”
The NFMC is the apex body for spectrum management and the primary sponsor of and influence on the government’s frequency spectrum policies and legislation. It is domiciled in the Ministry of Communications and Digital Economy and its chairman is the minister.
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The NFMC made its ruling following the 58th Regular Meeting of the Council earlier in August 2022 and chaired by the Minister of Communications and Digital Economy, Professor Isa Ali Ibrahim Pantami.
“The Council resolved to remind members of the public, Ministries, Departments and Agencies of Governments that by the provisions of Section 28 of the Nigerian Communications Act 2003 (NCA 2003), the NFMC is the apex body for Radio Frequency Spectrum Administration in Nigeria,” noted an official statement signed by Dr. Femi Adeluyi, Technical Assistant (Research & Development) to the Minister of Communications and Digital Economy.
The statement added: “For further clarification, commercial private companies/organisations should contact the statutory regulatory bodies, i.e., National Broadcasting Commission (NBC) and Nigerian Communications Commission (NCC) for commercial broadcasting and telecommunications entities, respectively.”
Under Nigeria’s law, the ministry “manages radio frequency spectrum that are used by entities such as ministries, departments and agencies (MDAs) of governments, embassies, diplomatic missions, NGOs, individuals and private companies/organisations for non-commercial purposes.
“Furthermore, management of the Radio Frequency spectrum by the ministry includes planning, assignment, coordination, resolution of harmful interference complaints, monitoring and licensing of radio frequency spectrum and radio communication stations for the category of users mentioned above.
“No civil MDA, individual, private, or public entity is authorized to install radio frequency-based equipment for the purpose of monitoring or managing the spectrum of its organisation or sector unless it is cleared and duly authorized by the NFMC.
The Council also resolved that “entities that already have such installations must hand them over to the Ministry of Communications and Digital Economy and arrange on how to collaborate with the Ministry to achieve their objectives. Refusal to declare and handover such equipment or systems constitute security risk to the nation and may therefore attract severe sanctions and possible prosecution.”